The doctor said there is nothing more he can do but I am still in pain.  What can I do?


The doctor said there is nothing more he can do but I am still in pain.  What can I do?

If you received a lifetime medical award from the Virginia Workers’ Compensation Commission, you have the right to reasonable, necessary and related medical care for your injury.  This can include a wide range of treatments including physical therapy, medication, pain management, as well as alternative treatments in certain situations.  If the medical provider you have been treating with refuses to continue to treat you or recommend another physician or other alternative treatment, it is very important that you persist in demanding continued care.  I like to use the phrase, “the squeaky wheel gets the grease” in these situations.

If the workers’ comp carrier/adjuster refuses to respond to you (“ghosting”) or otherwise refuses to help you, do not hesitate to contact the Virginia Workers’ Compensation Commission and let them know what is happening.  Ideally, you should try to get help from an experienced workers’ compensation attorney to help you through this process.  These situations are very common in the workers’ comp world.  People often assume that the insurance adjuster will “do the right thing.”  Unfortunately, this is often not the case.

In some situations, it may be wise to seek treatment on your own if you are in pain and/or otherwise need treatment quickly.  Do not wait for the workers’ comp carrier to help you if they continue to delay and not respond.  It is imperative to get medical care when needed, regardless of the behavior of the adjuster.  You can tell the Virginia Workers’ Compensation Commission that you want to have a hearing before a judge (Deputy Commissioner) and make the workers’ comp carrier pay for your medical bills and continued treatment.  In some situations, they might be forced to pay for a doctor of YOUR choosing!


The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at


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